Rigathi Gachagua's impeachment motion ready for House to debate 'anytime now'

The impeachment motion against Deputy President Rigathi Gachagua could be tabled in Parliament anytime now, with reports suggesting it is ready and had attained necessary support from Members of Parliament.

Sources said signatures were coming in “fast and furious”, saying more than 116 lawmakers have signed. While some have threatened on social media that the plan could be set rolling in two weeks, insiders told The Standard that President William Ruto’s allies want the motion tabled before the President returns from his US trip. 

The President is expected back on Saturday, meaning the impeachment motion could be tabled by today if the timelines promised are to be followed, given MPs do not sit on Friday.

Sources say the motion could be tabled today, having been endorsed by more than a third of the lawmakers from across the political divide. Others, on condition of anonymity, said it would be tabled next week, as the subject was too sensitive to be rushed and that they did not want to afford Gachagua any loopholes.

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Kimilili MP Didmus Barasa said the impeachment motion  is ready and would be tabled “anytime”. “It will be like the coming of Jesus Christ. It will come when it is not expected. Rigathi Gachagua is going home and he is not going home walking, but running. With every step he will be making, Gachagua will be looking back over his shoulders,” said Barasa.

Nyeri Town MP Duncan Mathenge said he was not aware of the motion, which others said they had endorsed. “As at now, there is none,” he said.

The Standard could not immediately establish grounds for impeaching the DP and the particulars of his alleged offences. Article 150 of the Constitution dictates grounds for impeaching a DP as gross violation of the Constitution, suspicion for committing crime and gross misconduct. 

Tana River Senator Danson Mungatana Monday filed a censure motion at the Senate, questioning Gachagua’s conduct over his persistent championing of the rights of Mt Kenya, which he has often argued was tribal.

Indeed, many have branded the DP as tribal, claims he has consistently refuted. Gachagua recently said other accusations against him could include those of absconding duty. Such allegations could feature in the ouster motion.

Similarly, we could not establish who would table the motion, which must also be debated by the Senate if it sails through the National Assembly. Sources said National Assembly Majority Leader Kimani Ichung’wah, Gachagua’s most vocal critic in recent weeks, could front it, even as others claim it would originate from the Minority side. But Junet refuted claims that the opposition would be presenting the motion. We could not reach the Kikuyu MP for comment but he has previously said there was no impeachment motion against the DP, claiming Gachagua was seeking sympathy by insisting that there was. 

Lobbying by Ruto and Gachagua allies is in high gear, as both sides seek victory in a vote that promises an eruption of passions. As the President’s loyalist seek signatures, Gachagua’s supporters have, reportedly, been swaying their colleagues in Parliament to defeat the motion.

The DP, also facing a censure motion at the Senate, is said to have tasked a nominated lawmaker from Mt Kenya and a Nyanza MP to lobby colleagues to Gachagua’s corner.

Some lawmakers from Ruto’s Rift Valley backyard met Tuesday night at a Nairobi hotel, where they usually caucus, with conflicting reports about their deliberations. While some said they endorsed Gachagua’s ouster, which was described as “concluded”, others said the subject was not part of the agenda of the meeting chaired by Kericho Senator Aaron Cheruiyot.

The DP is also reported to have met more than 10 MPs and five senators, as well as lawyers at his official residence to plan a counter for his planned ouster. 

Gachagua is banking on the support of his allies from Mt Kenya, and others who may sympathise with him. He recently met nearly 50 MPs from across the divide who promised to shield him from impeachment.

Gachagua appears to be treading on dangerous ground and could well be impeached if Ruto-allied MPs and the Raila Odinga-led ODM team up to oust him.

Among those who have signed the motion include lawmakers from Raila’s party and Ruto’s United Democratic Alliance, the two most dominant parties in the National Assembly.

With 138 MPs, UDA leads the way. ODM follows with 82 lawmakers. Not all ODM MPs will support the motion, given some are in the DP’s corner. 

Gachagua seems to find favour in Kalonzo Musyoka’s Wiper party, which has vowed to oppose the DP’s removal from office. Wiper boasts 25 MPs. Makueni Senator Dan Maanzo has been vocal against the planned impeachment, saying Wiper MPs would oppose it.

“Whether Parliament impeaches the president or the deputy then the courts have their place,” said Maanzo.

Both factions of Jubilee, which has 29 MPs, seem to be close to Gachagua. The DP will need 117 MPs if he is to survive impeachment, which promises to be a tough task.

“I hear they wanted to impeach me but they did not have the numbers to do so. Now I hear that they are saying with Raila and his people in government they have the numbers to oust me if they unite,” Gachagua recently lamented in an explosive interview.

Maanzo said the censure motion at the Senate could give the indications on how the vote will likely go in the Senate. This is not the first time that the country is witnessing threats to have its deputy president ousted. As DP, Ruto faced similar threats when he fell out with former President Uhuru Kenyatta.

Uhuru’s allies believed his handshake with Raila had granted them enough numbers to oust Ruto but they never pushed through the plan. Indeed, when Uhuru and Raila bulldozed the Building Bridges Initiative through Parliament, they raised more than the two-thirds threshold an impeachment motion would require.

[Additional reporting by Geff Kirui and Ndung’u Gachane]